Recall of Women to Prisons

Gerald Jones Excerpts

Wednesday 20th February 2019 Westminster Hall

[Carolyn Harris (Swansea East) (Lab)]

I beg to move,

That this House has considered the recall of women to prisons.

It is a pleasure to serve under your chairmanship, Mr Hollobone. During my time as MP for Swansea East, I have engaged with many women in the criminal justice system by visiting prisons up and down the country and mother-and-baby units in them, and it has always been made clear to me that the reasons why women are in the criminal justice system are multifaceted and complex.

The Prison Reform Trust’s report “Broken Trust: The rising numbers of women recalled to prison” illustrates the fact that the reasons for that are also multifaceted and complex, and the number of women being recalled is rising quickly. Of course, it is right that women are recalled to prison in some instances—if they are at imminent risk of causing harm to the public or of reoffending, for example—but this debate is not about that; it is about the huge increase in the number of women being recalled to prison and whether that increase is helping women to break their cycle of criminality and creating safer communities and opportunities for the women themselves.

The “Broken Trust” report points to a number of reasons for the steep rise in the number of women being recalled. I will cover those in more detail later. I think that it will be useful now to make clear the current situation regarding the recall of women to prison. An individual can be recalled to prison if they have served a sentence of more than a day. A probation officer will normally initiate the recall. About 3,800 women are currently in prison in the UK—we have one of the highest female imprisonment rates in western Europe. The female offender strategy states that about nine in 10 women in prison on remand or serving 12 months or less pose a low or medium risk of serious harm to the public. In the year ending September 2018, there were 1,846 recalls of women to custody while on licence.

One significant contributory factor in the steep rise in the number of such recalls is the Offender Rehabilitation Act 2014—affectionately known as the ORA. It introduced a provision whereby everyone sentenced to a day or more in prison would be supervised by probation services on their release. Before the ORA, those sentenced to a term of imprisonment of less than 12 months were not supervised on release. In 2017, 72% of women sentenced to custody were sentenced to six months or less, compared with 56% of men. That demonstrates how the change brought in under the ORA disproportionately affects women. As the “Broken Trust” report states, on page 3:

“From the moment it was announced that post-custody supervision would be extended to people sentenced to less than 12 months, two things were obvious: this would result in the imprisonment of large numbers of people; and the impact would fall disproportionately upon women.”

Reforms that are meant to be supporting individuals are having the opposite effect and keeping them trapped in cycles of the criminal justice system, rather than allowing them to take positive steps in their lives. That is a direct result of the changes brought about under a previous Secretary of State for Justice. Previously, anyone sentenced to a short period in prison served their term and on release that was it. Putting in place a year of additional supervision—in addition to the prison term—with recalls if people fail to comply, is largely responsible for the huge increase in recalls.

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

I congratulate my hon. Friend on securing the debate and on the powerful case she is making. Does she agree that the lack of housing available to women after leaving prison contributes to their vulnerability?

[Carolyn Harris]

I most certainly do, and I am just coming on to housing, so I thank my hon. Friend for his astute intervention.

The report from the Prison Reform Trust makes it clear that there is a lack of services available to women on leaving prison, which contributes to their being recalled. A lack of secure housing for women when they leave prison is a significant factor leading to the recall of female offenders. Of the 24 women interviewed for the report, 22 said that they required help with housing on leaving prison.

If women leave prison and do not successfully secure somewhere to live, they are more likely to be recalled to prison. The female offender strategy highlights that from April to December 2017, 39% of women allocated to community rehabilitation companies and the national probation service were released into unsettled accommodation, with 18% released into homelessness. That not only puts women in a dangerous and vulnerable situation, but directly leads to them being recalled to prison. “Broken Trust” cites the example of a female offender released from prison without secure accommodation to go to, only to be recalled for breach of an antisocial behaviour order because she slept in a park. She was then released homeless for a second time.

How do we expect women to take positive steps to rebuild their lives after leaving prison if they are not given adequate support services such as secure housing? The relentless cuts made to local authorities by the Tory Government have resulted in a dangerous lack of housing for such women. Furthermore, without a secure home, women will find it more difficult to engage successfully with employment opportunities or maintain a healthy lifestyle. With 60% of female prisoners not having a home to go to on release, we know that is a real issue when they leave prison.

Data secured under a freedom of information request made by The Guardian demonstrates that between October 2016 and June 2018 there was a 25-fold increase in rough sleeping in England and Wales among those who have served sentences of less than six months. It is an absolute scandal that women are released home- less anyway, but even if a woman is found secure accommodation, it must be suitable and provide a safe environment in order to help her rebuild her life. Otherwise, female prisoners are likely to return to the potentially toxic settings that led to their arrest in the first place, such as environments with negative influences, including being surrounded by drugs and alcohol, which often leads them to a breach of their licence conditions and recall to prison. Using drugs is one of the six categories that the National Probation Service data present for recall of an individual to prison. In the “Broken Trust” report, an interviewee shared her experience of becoming homeless once she was released from prison:

“By the third night of my release, I was street homeless. My using got worse, I fell off my script even quicker this time. My life was just chaotic. I was doing whatever I could to survive.”

Earlier this week, the Secretary of State for Justice said in a speech that, as part of the Government’s rough sleeping agenda, they will invest £6.4 million in a pilot scheme to help individuals released from three prisons—Bristol, Leeds and Pentonville—into settled accommodation. However, I want to know what the Government will invest specifically in accommodation suitable for female offenders and their complex needs. If support services in the community to help such women find secure housing continue to be inadequate, women will be less likely to be able to break the cycle of criminality.

Another contributing factor to the high recall rate among female offenders is the high rate of complex needs and problems. Women under community supervision and in custody with an assessment are twice as likely as the men to have a mental health need, and 60% of women in the criminal justice system have experienced domestic violence. “Broken Trust” found that a third of those interviewed needed help with mental health, drug misuse and domestic violence. The report also showed that the relevant probation officers were unable to support them adequately, given their complex needs. Female offenders are much more likely to be vulnerable, so we need to ensure that there are services to assist them in rebuilding their lives, not only to help them but to make the community they live in safer.

Another issue that distinctly affects women recalled to prison is that female offenders are more likely than male offenders to be carers for children or other family relatives, and their recall therefore affects not only them, but their dependants. The length of time for which a woman can be recalled to prison can be just a number of days, but it will cause huge disruption to her and her family. Therefore, what provision is being made to ensure that the lives of those family members and dependants are not thrown into chaos?

The female offender strategy is clear that short custodial sentences are less effective in reducing offending than community orders, and that early intervention is key to reducing the number of women entering the criminal justice system.